Malicious Claims Actionable

Article first published in Portfolio in August 2016

Although he passed away earlier this year at the age of 87, the affairs of Albert Gubay have not been laid to rest. The recent UK Supreme Court decision in Willers v Joyce and another (in substitution for and in their capacity as executors of Albert Gubay (deceased)) is of great interest, not simply because it concerns the late Island resident Mr Gubay, but because it confirms the existence of the tort of malicious prosecution of a civil suit.

Background

Mr Willers was Mr Gubay's right hand man for over 20 years, and director of Langstone Leisure Ltd. After a falling out in 2009, Langstone, which was assumed by the Court of Appeal to be controlled by Mr Gubay for the purpose of the appeal, brought an action against Mr Willers for alleged breach of his contractual and fiduciary duties. Mr Willers argued that he had at all times acted under Mr Gubay's direction, and so the action was abandoned.